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"Constitutional Technicity": Displacing Politics through Expert Knowledge

Law, Culture and the Humanities

Published online on

Abstract

In the decades following the end of the Cold War, the process of producing state constitutions has transformed into a veritable industry. This commentary considers contemporary practices of constitution-making as a site for critical reflection. It takes up the provision of "expert" advice in constitution-making processes in relation to three tropes of how these processes are conceived. As an attempt at diagnosing the constitution-making present, this commentary focuses on constitutional "technicity," though aspects of what I term constitutional "romanticism" and "civility" continue to inform this technical turn.